Do I have to pay extra SDLT?

lovinituk

Actually it looks like the OP and noh are correct...

3.24 Renting a new main residence in the time between disposal and purchase will not prevent the purchase from being a replacement of a main residence unless the period of the tenancy agreed is more than seven years

noh

marliepanda wrote: »

No.

His main residence is where he lives. Not where he lived ages ago!!

He already has a property. He is buying an ADDITIONAL property

Not if you read the legislation and guidance notes carefully.
See post above and

From the guidance notes

3.35 The test for the old dwelling is a question of objective fact, was the dwelling at
some point in a period the only or main residence of the individual who disposed
of it?

An example from the guidance notes:

Example 24
Miss M has just returned to the UK after working abroad for a number of years and is in the
process of purchasing a new home, which she hopes to complete on by the end of December
2016. She sold her previous main residence in 2009, before moving abroad, but retained a
buy-to-let property in the UK. Miss M lived in rented accommodation while abroad.
38
Provided Miss M purchases her new main residence on or before 26 November 2018, and
has not acquired another main residence in the interim period, she will be treated as
replacing her main residence and the higher rates will not apply

always_sunny

to the OP, you'd not pay extra SDLT if the property you own and rent out is worth less than £40k.

Sha_17

I bought a residential home in 2016 (I also own a BTL property); however, due to a change in personal circumstances, I need to sell up and move nearer to my family. I will be looking to sell my current home and buy another one (which will be my main residential home).

My question is has anyone successfully received SDLT refund? Assuming that I meet the criteria outlined below:

You must have sold your previous main residence within 3 years of paying the higher SDLT rates to qualify for a refund.